September 2, 2026
Lake of the Woods County Board of Adjustment/Planning Commission Meeting 7:00 P.M. on September 2, 2026
Ken Horntvedt opened the meeting at 7:00 pm with the following members present: Ken Horntvedt, Wes Johnson, Dave Marhula, Tom Mio and Nancy Dunnell. Absent were Tim Nordlof and Marshall Nelson. Others present were Land and Water Planning Director Josh Stromlund.
Introductions of Board of Adjustments/Planning Commission members took place. Approval of the Agenda: Johnson/Dunnell. All in favor.
Approval of Meeting Minutes: August 5, 2026 – Motion to approve – Mio/Marhula. All in favor.
Conflict of Interest Disclosure: None
Planning Commission – New Business
– Consideration of Conditional Use Permit #26-04CU by Brent and Rachel Noble: Lot Six (6), Block One (1), Plat of Brooks Farm, Section One (1), Township One Hundred Sixty-one (161) North, Range Thirty-two (32) West (Wabanica) – Parcel ID # 23.56.01.060. Applicants are requesting a Conditional Use Permit, in accordance with Sections 902 of the Lake of the Woods County Zoning Ordinance to allow the movement of more than ten (10) yards of material within the shore impact zone of the Rainy River to re-slope a portion of the bank to provide easier access to the shoreline.
Brent was in attendance and discussed their need for a land ramp to get down to the shoreline of the Rainy River for snowmobile access and shoreline maintenance The group then moved to the finding of facts.
Name of Applicant: Brent & Rachel Noble Date: September 2, 2026
Location/Legal Description: Lot 6, Block 1, Brooks Farm in Section One (1), Township One Hundred Sixty-one (161) North, Range Thirty-two (32) West
Parcel Number: 23.56.01.060
Project Proposal: Applicants are requesting a Conditional Use Permit, in accordance with Sections 902 of the Lake of the Woods County Zoning Ordinance, to allow the movement of more than ten (10) yards of material within the shore impact zone of Rainy River to re-slope a portion of the bank to provide easier access to the shoreline. Rainy River is an Agricultural River Segment.
1) Is the project proposal consistent with the Lake of the Woods County Comprehensive Land Use Plan? YES (X) NO ( ) N/A ( ) Why or why not? Improve shoreline access.
2) Is the project proposal consistent with maintaining the public health, safety, and welfare?
YES ( ) NO ( ) N/A (X)
Why or why not?
3) Is the project proposal consistent with the goal of preventing and controlling water pollution, including sedimentation and nutrient loading? YES ( ) NO ( ) N/A (X)
Why or why not?
4) Will the project proposal not adversely affect the site’s existing topography, drainage features, and vegetative cover? YES (X) NO ( ) N/A ( )
Why or why not? No change.
5) Is the project proposal’s site location reasonable in relation to any floodplain and/or floodway of rivers or tributaries? YES ( ) NO ( ) N/A (X)
Why or why not?
6) Has the erosion potential of the site based upon the degree and direction of slope, soil type and existing vegetative cover been adequately addressed for the project proposal? YES (X) NO ( ) N/A ( ) Why or why not? Grass slope.
7) Is the site in harmony with existing and proposed access roads? YES ( ) NO ( ) N/A (X) Why or why not?
8) Is the project proposal compatible with adjacent land uses? YES (X) NO ( ) N/A ( ) Why or why not? Rural residential.
9) Does the project proposal have a reasonable need to be in a shoreland location? YES (X) NO ( ) N/A ( )
Why or why not? Rainy River.
10) Is the amount of liquid waste to be generated reasonable and the proposed sewage disposal system adequate to accommodate the project proposal? YES ( ) NO ( ) N/A (X)
Why or why not?
11) Will the visibility of structures and other facilities as viewed from public waters comply with Section 901 of the Zoning Ordinance? YES ( ) NO ( ) N/A (X)
Why or why not?
12) Is the site adequate for water supply and on-site sewage treatment systems? YES ( ) NO ( ) N/A (X) Why or why not?
13) Are the affected public waters suited to and able to safely accommodate the types, uses, and numbers of watercraft that the project proposal will generate? YES ( ) NO ( ) N/A (X)
Why or why not?
14) If the project proposal includes above ground or below ground storage tanks for petroleum or other hazardous material that is subject to the Minnesota Pollution Control Agency (MPCA) requirements, has a permit been sought? YES ( ) NO ( ) N/A (X)
Why or why not?
15) Will there be fencing and/or other screening provided to buffer the project proposal from adjacent properties?
YES ( ) NO ( ) N/A (X) Why or why not?
16) If signage is associated with the project proposal, has the applicant demonstrated the need for the number and size requested, and minimized the visual appearance as viewed from adjacent properties to the extent possible? YES ( ) NO ( ) N/A (X)
Why or why not?
17) If the project proposal will generate additional traffic to or from the site, has the applicant adequately demonstrated how the additional traffic and parking is to be addressed? YES ( ) NO ( ) N/A (X) Why or why not?
The specific conditions of approval are as follows:
1. Must be greater than 10’ from lot line.
The Lake of the Woods County Planning Commission hereby recommends to the Lake of the Woods County Board of Commissioners that this proposal be:
Approved as Presented ( ) Approved with Conditions (X) Denied ( ) Motion to approve by Mio, seconded by Marhula. All in favor.
September 2, 2026 _________________________ Date Ken Horntvedt
Chair, Planning Commission
This is in accordance with the Lake of the Woods County Zoning Ordinance
With no further business, Mio motioned to close the Planning Commission, second by Johnson. All in favor.
Motion by Johnson to open the Board of Adjustment, second by Mio. All in favor. Board of Adjustment – New Business
– Consideration of Variance #26-05V by Todd and Denae Boushee: Lots Nine (9) and Ten (10), Block One (1), Wabanica Bay Plat, Section Twelve (12),
Township One Hundred Sixty-one (161) North, Range Thirty-two (32) West
(Wabanica) – Parcel ID #23.50.01.090 and 23.50.01.100. Applicants are
requesting a variance from Section 503.5 of the Lake of the Woods County
Zoning Ordinance to allow the redevelopment of these lots with a new dwelling and septic system at less than the required one hundred (100) foot setback from Wabanica Bay. Wabanica Bay is a Tributary River segment.
Todd and Denae were in attendance and discussed their plans to move a new home onto the property and align with neighboring properties setbacks as well as space for a garage in the future. The current home is approximately at a 75’ setback that they hope to maintain. The existing trailer home will be removed. The group then moved to the finding of facts.
Name of Applicant: Todd and Denae Boushee Date: September 2, 2026 Parcel #: 23.51.01.090 & 23.51.01.100 Variance Application #: 26-05V
A variance may be granted only where the strict enforcement of county zoning controls will result in a practical difficulty. A determination that a “practical difficulty” exists is based upon consideration of the following criteria:
1. Is the variance in harmony with the general purpose and intent of the Lake of the Woods County Comprehensive Plan and Zoning Ordinance?
YES (X) NO ( ) and Why or why not? Rural Residential.
2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control?
YES (X) NO ( ) and Why or why not? No change.
3. Is the practical difficulty due to circumstances unique to this property? YES (X) NO ( ) and Why or why not? Lot size and shape.
4. Is the need for the variance created by actions other than the landowner? YES (X) NO ( ) and Why or why not? Lot size and shape.
5. Will granting the variance not alter the essential character of the locality? YES (X) NO ( ) and Why or why not? No change.
6. Does the practical difficulty involve more than economic considerations? YES (X) NO ( ) and Why or why not? Lot size and shape.
Condition(s):
1. Must be at least 66’ setback from OHM for structure from Wabanica Bay. 2. 50’ setback from OHM for the septic system from the ravine.
3. To be completed by 12-31-2029.
IF ALL OF THE ANSWERS ARE “YES”, THE CRITERIA FOR GRANTING THE VARIANCE HAVE BEEN MET.
Facts supporting the answer to each question above are hereby certified to be the Findings of the Board of Adjustment. This is in accordance with Section 1103 of the Lake of the Woods County Zoning Ordinance.
APPROVED ( ) APPROVED w/ CONDITIONS (X) DENIED ( )
Motion to approve by Marhula, seconded by Dunnell. All in favor.
September 2, 2026 ________________________ Date Ken Horntvedt Chair, Board of Adjustment
With no further business before the Board of Adjustment, Mio made a motion to adjourn, seconded by Dunnell. All in favor. Meeting adjourned at 7:31 PM.
